Facts:

The case "The United States vs. Basilio Ticson," G.R. No. 8273, was decided on August 14, 1913. The defendant, Basilio Ticson, was charged following a disturbing incident that occurred on the morning of October 6, 1911, in Surigao. On that date, Braulio Calang, Epifania Cupo's husband, was away from home, leaving his wife Epifania and their young child asleep. During this time, Tikson broke into their house by cutting the fastenings of the door. He approached the sleeping Epifania and raised her skirt, suggesting an intention to assault her sexually. Upon awakening, Epifania resisted, causing a commotion that alerted her brother-in-law, Sinforoso Dinulus, who was also staying at their home at the husband's request. Epifania and Sinforoso attempted to apprehend Tikson, whom they both recognized. However, he managed to escape.

Following the event, when Braulio Calang returned and learned of the incident, he promptly reported it to the justice of the peace of Sur

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Facts:

Background and Incident

• The case involves an appeal by Basilio Ticson against a judgment rendered on December 15, 1911.
• The incident occurred early in the morning of October 6, 1911, in the house of Braulio Calang, located in the barrio of Sison in the pueblo of Surigao.
• The defendant, Basilio Ticson, took advantage of the absence of the husband, Braulio Calang, and the sleep of Epifania Cupo (the wife) and Sinforoso Dinulus (the brother-in-law, present at the request of the husband from the previous night).

Nature of the Crime

• Ticson entered the dwelling by cutting the fastenings of the door, which was securely closed by the inhabitants upon retiring for the night.
• He proceeded to approach the sleeping Epifania Cupo, raised her skirt, and attempted an act of sexual assault.
• Upon being disturbed by his actions, Epifania awoke, resisted, and summoned help, which led to both her and her companion pursuing the intruder.
• Despite the pursuit and even the physical attempt to capture him (including throwing a piece of wood), Ticson escaped through the same door he had entered.

Subsequent Actions and Investigations

• On October 11, 1911, after Braulio Calang was informed of the incident, he promptly reported the occurrence to the justice of the peace of Surigao.
• A proper preliminary investigation was conducted wherein the provincial fiscal subsequently filed a complaint before the Court of First Instance of Surigao.
• During the investigation, Ticson is said to have confessed his guilt in the presence of the justice, even appealing for pardon from the offended party—a pardon that was refused.

Charges and Trial Proceedings

• Although it was evident that Ticson’s criminal purpose was to commit sexual assault, the complaint charged him only with the crime of forcible entry of a dwelling.
• The trial court, presided over by Judge George N. Hurd, convicted Ticson based on the conclusive evidence adduced at trial, establishing his guilt as the sole perpetrator.
• The initial sentence imposed was two months and one day of arresto mayor, a fine of 325 pesetas, with subsidiary imprisonment not to exceed one-third of the principal penalty in case of insolvency, plus costs.

Issue:

Issue on the Classification of the Crime

• Whether Ticson’s act of cutting the door fastenings and forcing his way into the house qualifies solely as forcible entry, despite the evident criminal intent to commit a sexual assault.
• The necessity to interpret whether the crime committed is to be identified under the statutes for forcible entry or if it should also be considered as a separate offense involving an attempt at sexual assault.

Issue on the Applicability of Statutory Provisions

• Whether the facts and evidence presented satisfy the statutory elements of the crime of forcible entry as prescribed under paragraph 2, article 491 of the Penal Code.
• How the presumption of entry against the will of the inhabitants is established based on the method of entry (i.e., cutting the door’s fastenings) and the secure state of the dwelling.

Issue on the Defendant's Defense and Its Sufficiency

• The adequacy of the defendant’s plea of not guilty in light of the conclusive proof presented by the prosecution.
• Whether any extenuating or aggravating circumstances might mitigate or exacerbate the gravity of the offense committed by Ticson.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)